It’s not often that I am involved with a Driving Under the Influence story before it becomes the news, but it happened in the case of a Kentucky man arrested for DUI / DWI while riding a horse. I received a telephone call from a reporter asking for background information on how the police could arrest and charge a person riding a horse for DUI in Kentucky. Accordingly, I am sharing the information herein.

It seems that Danny Reynolds of Jessamine County, KY, which is located approximately 16 miles from Lexington, Fayette County, Kentucky, had been drinking celebrating his son’s birthday, and then went horseback riding near his home with friends. At the time of his arrest, police reported that Mr. Reynolds allegedly had several beers, marijuana, and moonshine in his possession. Police reported Mr. Reynolds blood-alcohol level as double the legal limit.

Police arrested Mr. Reynolds for violating KRS 189.520 titled "Operating vehicle not a motor vehicle while under influence of intoxicants or substance which may impair driving ability".

Essentially, KRS 189.520 states that "No person under the influence of intoxicating beverages or any substance which may impair one's driving ability shall operate a vehicle that is not a motor vehicle anywhere in this state." KRS 189.520 further states that "(a) If there was an alcohol concentration of less than 0.05, it shall be presumed that the defendant was not under the influence of alcohol; (b) If there was an alcohol concentration of 0.05 or greater but less than 0.08, such fact shall not constitute a presumption that the defendant either was or was not under the influence of alcohol, but such fact may be considered, together with other competent evidence, in determining the guilt or innocence of the defendant; and ( c) If there was an alcohol concentration of 0.08 or more, it shall be presumed that the defendant was under the influence of alcohol. Violating KRS 189.520 is a violation and not a misdemeanor. According to KRS 189.990, violating KRS 189.520 will result in a fine of $20 to $100 dollars for each offense.

So what constitutes a non-motorized vehicle? Typically the list may include, but is not limited to: bicycles, horses, mules, horse drawn carts, skateboards, pedal powered surrey’s, canoes, boats propelled by paddles, electric toy cars, balloons, and more. Based on the county, it may also include non-registered mopeds under 50 cc.

Interestingly, KRS 189.520(2) makes it illegal for a law enforcement officer to not enforce charging a person with operating a non-motorized vehicle while under the influence. According to KRS 189.990, any peace officer who violates KRS 189.520(2) will be fined not less than $35 nor more than $100.

It appears that the Kentucky Legislature will consider amending Kentucky’s DUI laws for the next legislative session beginning January 4, 2011. In many ways, Kentucky appears to be following the guidance of the National Transportation Safety Board to combat hard-core drunken driving, which is urging states to enact stronger legislation to adopt strong countermeasures to stop impaired driving. According to the NTSB, more than 70% of all drunken-driving crashes involved hard-core offenders last year.

Two Kentucky Representatives have prefiled bills for consideration by the general assembly to address hard-core drunken driving:

Representative Mike Harmon, R-Danville, prefiled a bill (BR 33) for consideration by the general assembly session that would increase DUI penalties for repeat offenders. Rep. Harmon advocates changing the existing penalties from a four-tiered structure to a three-tiered structure, increasing the time a DUI remained on a persons driving / criminal history from five years to ten years, and allowing the forfeiture of motor vehicles used in a DUI if the offender’s operator's license had been previously suspended.

Representative Dennis Keene, D-Newport, also prefiled a bill (BR 290) to amend Kentucky’s DUI statutes. Rep. Keene proposes the following changes: 1) amend KRS 189A.005 to expand the definition of "ignition interlock device" ; 2) amend KRS 189A.010 to include driving the wrong way on a four-lane highway among the list of factors for triggering aggravated DUI penalties; 3) amend KRS 189A.070 to provide that a reduction in the time period of a license revocation does not lessen the time required for ignition interlock usage; 4) amend KRS 189A.085 to run the period of a license plate impoundment from the date of sentencing to the day the offender is authorized to resume driving and require ignition interlock usage beginning with the first DUI offense; 5) amend KRS 189A.340 to establish an assistance fund for indigent defendants; 6) amend KRS 189A.410 to require ignition interlock usage while an offender is driving on a hardship license.

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